Minister raises concerns over proposed changes to KP police law

• Chaudhry raises concerns over proposed KP Police Act 2026.
• Courts previously examined police leadership powers: minister.
• Says provinces can’t legislate beyond constitutional framework.
  

Minister of State for Interior Talal Chaudhry on Thursday raised concerns over the proposed Khyber Pakhtunkhwa (KP) Police Act 2026, saying it would be challenged in the Supreme Court.

His remarks came a day after the provincial cabinet, chaired by Chief Minister Sohail Afridi, approved the revised KP Police Act 2026 after incorporating amendments to address reservations raised by cabinet members over various provisions of the proposed legislation.

Addressing a press conference in Islamabad, Chaudhry said issues relating to transfers, postings and the powers of police leadership have previously been examined by courts. He stated that the proposed legislation is likely to face legal scrutiny as well.

The state minister said that the legislation could affect the police command structure, discipline, morale, and the force’s role in maintaining law and order and combating terrorism.

He said policing and law and order are provincial subjects under the Constitution following the 18th Amendment, but provincial legislation must remain within the constitutional and legal framework governing the Police Service of Pakistan (PSP).

Speaking on the issue, Chaudhry said provinces do not have unrestricted authority to legislate on matters that fall outside the constitutional framework. He noted that just as provinces cannot create separate armed forces, railways, or naval services, they also cannot introduce laws that override established PSP rules and principles.

He said the PSP rules were developed under Pakistan’s federal system and have been upheld through decisions of the high courts and the Supreme Court. According to him, these rules provide the basis for the command and administrative structure of the police force and cannot be set aside through provincial legislation.

The minister said the KP police have been engaged in the fight against terrorism for many years and have made continuous sacrifices. He argued that the proposed law not only reduces the authority of the inspector general (IG) but also affects the wider chain of command within the police force.

He stated that powers relating to the appointment and posting of officers from the rank of DSP and above, which were previously exercised by senior police officers, have now been shifted.

Powers relating to officers in grades 17, 18 and 19 have been taken away from the existing police hierarchy, resulting in greater control by the provincial government, he added.

The minister said CM Afridi already possesses authority to consult and issue directions regarding postings and transfers.

However, he maintained that these powers were traditionally limited to protect the command structure, discipline and morale of the force. He argued that concentrating authority over appointments, postings, promotions and other administrative matters could affect the independence of policing decisions.

He said the police force is a disciplined institution responsible for maintaining public order and fighting terrorism. The minister expressed concern that changes affecting command and control could impact operational effectiveness and internal discipline.

He also questioned how senior positions in grades 19, 20, 21 and 22 would be filled if the role of PSP officers is reduced. He said clarity is needed on future recruitment and appointment mechanisms within the province.

Chaudhry further argued that key issues facing the KP Police relate to resources, equipment and infrastructure. He said the force has long operated under difficult conditions while confronting terrorism.

According to him, KP police personnel receive lower salaries than police personnel in some other provinces, while compensation packages for martyrs are also lower than those available elsewhere. 

The minister noted that the Counter Terrorism Department (CTD) in KP has operated from rented buildings despite the province facing terrorism-related threats for nearly two decades. He said several CTD facilities housed in rented premises had previously been targeted in terrorist attacks, resulting in the deaths of police personnel and civilians.

Drawing comparisons with security facilities elsewhere, he said border check posts in Punjab are equipped with protective infrastructure, surveillance systems, bulletproof vehicles and protective gear. He argued that such investments help improve security and operational capability.

He said the responsibility for providing resources, budgets and operational support rests with the provincial government. According to him, strengthening police capabilities should be prioritised before altering command and administrative structures.

Chaudhry also raised concerns about proposed police liaison committees under the proposed law. He questioned why similar mechanisms were not established under the 2017 framework if they were considered necessary.

He further noted that the proposed committees would consist of members of the provincial assembly and questioned the absence of opposition representatives, civil society members, journalists and retired police officers.

Concluding his remarks, Chaudhry said the federation reviews all matters through the framework of the Constitution and the law. He stressed that during a period when KP continues to face significant terrorism-related challenges, measures that affect the morale, discipline and command structure of the police force should be carefully considered.